4301.611
Transaction scan as affirmative defense where age of purchaser is element of crime.

(A)
A permit
holder or an agent or employee of a permit holder may not be found guilty of a
charge of a violation of this chapter or any rule of the liquor control
commission in which the age of a purchaser of any beer, intoxicating liquor, or
low-alcohol beverage is an element of the alleged violation, if the permit
holder, agent, or employee raises and proves as an affirmative defense that all
of the following occurred:

(1)
The card
holder attempting to purchase any beer, intoxicating liquor, or low-alcohol
beverage presented a driver's or commercial driver's license or an
identification card.

(2)
A
transaction scan of the driver's or commercial driver's license or
identification card that the card holder presented indicated that the license
or card was valid.

(3)
The beer,
intoxicating liquor, or low-alcohol beverage was sold to the card holder in
reasonable reliance upon the identification presented and the completed
transaction scan.

(B)
In determining whether a permit holder or an agent or employee of a permit
holder has proven the affirmative defense provided by division (A) of this
section, the liquor control commission or the trier of fact in a court of
record shall consider any written policy that the permit holder has adopted and
implemented and that is intended to prevent violations of division (A)(1) or
(2) of section
4301.22 and of sections
4301.63 to
4301.636,
4301.69, and
4301.691 of the Revised Code. For
purposes of division (A)(3) of this section, the commission or trier of fact
shall consider that reasonable reliance upon the identification presented and
the completed transaction scan may require a permit holder or an agent or
employee of a permit holder to exercise reasonable diligence to determine, and
that the use of a transaction scan device does not excuse a permit holder or an
agent or employee of a permit holder from exercising reasonable diligence to
determine, the following:

(1)
Whether a
person to whom the permit holder or agent or employee of a permit holder sells
any beer or intoxicating liquor is twenty-one years of age or older or sells
any low-alcohol beverage is eighteen years of age or older;

(2)
Whether the description and picture
appearing on the driver's or commercial driver's license or identification card
presented by a card holder is that of the card holder.

(C)
The affirmative defense provided by
division (A) of this section is in addition to the defense provided by section
4301.639 of the Revised Code.

(D)
In any hearing before the
liquor control commission and in any criminal action in which the affirmative
defense provided by division (A) of this section is raised, the registrar of
motor vehicles or a deputy registrar who issued an identification card under
sections 4507.50 to
4507.52 of the Revised Code shall
be permitted to submit certified copies of the records of that issuance in lieu
of the testimony of the personnel of or contractors with the bureau of motor
vehicles in the hearing or action.